On behalf of Starbranch Law posted in Criminal Defense on Friday, November 4, 2016.
When you are criminally charged with domestic violence, many aspects of your life can change during the case. The New Hampshire Circuit Court’s Domestic Violence Case Protocols details how these cases should be handled. From this manual, there are four things you should be aware of and take seriously.
The judge in your case may give any of the following temporary protective orders:
Custody And Visitation Of Children
If you have minor children, custody may be awarded to the Division for Children, Youth, and Family (DCYF). This happens if the child’s life has been found to be in immediate danger, or if there are no other relatives or friends available to take care of the child. Usually, custody of the child or children will be given to the plaintiff.
Visitation may be granted by the court, including supervised visitation and scheduled visitation. Visitation may also be denied, depending on the following factors:
Under both the federal Gun Control Act of 1968 and the 1994 Violence Against Women Act (VAWA), it is illegal for someone who has been charged with domestic violence to have a firearm. During the protective order, you may be ordered to give up all firearms, ammunition and deadly weapons to a peace officer. This may also include any hunting licenses and concealed weapons permits. Additionally, you may not be allowed to purchase any new weapons, ammunition or deadly weapons.
Other Property Matters
The plaintiff may temporarily be the only person allowed to use the car. Who gets to temporarily use the house and its furniture will be determined by the court. You would not be allowed to turn off any utilities, or to break any business or service contracts such as a mortgage or a rental agreement.
If you have been charged with domestic violence, there can be a cascade of effects on your life beyond that caused by the criminal proceedings. To make sure your rights are protected throughout the court process, it’s important to speak with an experienced criminal defense attorney about your case.